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9. Title. The Grantor represents and warrants to the City that Grantor is lawfully <br /> seized and possessed of the Property and Grantor has a good and lawful right and power to <br /> convey this Easement. <br /> 10. Assignment; Binding Effect. This Agreement and the conditions herein contained <br /> shall be covenants running with the land and shall inure to the benefit of and be binding upon <br /> the parties hereto and their successors and assigns, including any subsequent owners of the <br /> Property. This Easement is freely assignable by the City without the consent of Grantor. <br /> 11. Termination. The City may terminate this Agreement upon 30 days prior written <br /> notice to Grantor. Upon request of Grantor upon such termination, the City will execute a <br /> reasonable termination instrument provided by Grantor for recording. <br /> 12. Miscellaneous. This Easement shall be construed under and governed by the <br /> laws of the State of Washington. Any amendment of this Easement shall be binding only if <br /> evidenced in writing signed by the Mayor of the City and an authorized representative of <br /> Grantor. Either party's failure to enforce any provision hereof shall not constitute waiver <br /> thereof in any future instance. If any provision hereof is held to be unenforceable to any <br /> extent, such provision shall be enforced to the maximum extent permitted by law and the <br /> remaining provisions shall continue in full force and effect. This Agreement shall constitute the <br /> entire agreement between the parties and any prior oral understanding or representation of <br /> any kind preceding the date of this Agreement shall not be binding upon either party except to <br /> the extent incorporated in this Agreement. <br /> 6 <br />